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How Will Proposed Changes to Federal e-Discover Rules Affect Your Practice?

The Federal Rules of Civil Procedure (Rules) may change the case management, scope, and sanctions related to e-discovery in federal courts, starting in late 2015. Proposed changes seek to encourage early and active case management, ensure proportionality in e-discovery, and advance

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Posted in Articles, cooperation, eDiscovery, Federal, management, preservation, Procedure, proportionality, Public, rules, Sanctions

Document Preservation: Spoliation and the “Ultimate Sanction”

The proper preservation of electronic data for discovery has become an increasing source of contention between parties. Two recent cases illustrate the importance of mindfully preserving electronic data during discovery.  In Gentex Corp. v. Sutter, No. 3:07-CV-1269, 2011 U.S. Dist. LEXIS

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Posted in Articles, default, evidence, preservation, Sanctions, spoliation

Weighing Burdens and Benefits in Hard Drive Preservation Dispute

Although deleted data can be recovered – perhaps at significant cost – destroyed data is likely gone forever. Perhaps it is for this reason that a recent federal court was reluctant to apply a strict proportionality test to a preservation dispute.

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Posted in Articles, electronically stored information, preservation

I’m Responsible To Do What? Counsel’s Affirmative Duty To Ensure Compliance With Litigation Holds

A corporate defendant discovers that it will be subject to litigation, yet it actively destroys probative, relevant evidence. Many of us have read, or heard of, opinions where judges have punished a spoliating-defendant by issuing sanctions anywhere from an adverse

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Posted in Articles, duty, preservation, preserve, spoliation

Early Dismissal: The Plaintiff’s Destruction of Computer Files Leads to Dismissal as a Sanction

Although the imposition of sanctions for misconduct involving electronic discovery continues to gain momentum, it is still rare that courts turn to the ultimate sanction: the dismissal of a lawsuit. One plaintiff in an Illinois tort case left the court with

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Posted in destroy, dismiss, files, preservation, Sanctions, spoliation
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